In 2008, the Supreme Court ruled that costs paid to an investment advisor by a nongrantor trust or estate are subject to the 2% floor for miscellaneous itemized deductions.  Since then, the IRS has issued an annual notice deferring implementation of that ruling while regulations work their way through the system.

On February 15, 2011, the AICPA reminded the Service that it has not issued that annual notice yet for 2010 returns, and suggested making the next notice effective until Regulations are issued.